Who can file an appeal

Only a property owner (or an agent on their behalf) who is seeking to develop or use their property may file an appeal.

Select 'Show more' for the board you wish to file an appeal to for details on:

Reasons to appeal

What the board considers

What the board cannot allow

Board of Variance

Reasons to appeal

To remove or alter a condition of development application approval or to reverse a decision refusing a development application, where the decision was made by the Director of Planning

To reverse or alter a development application decision by the Development Permit Board, to the extent that the decision dealt with matters of “relaxation” of zoning bylaw provisions as opposed to the exercise of broader discretionary authority

To obtain an exemption from any provision of a zoning bylaw affecting the siting, size, shape or design of a building, including signage, where undue or unnecessary hardship may result, based on peculiarities in a site or special circumstances connected with a development (e.g., an irregularly shaped lot)

To obtain an approval for:

Re-establishing a non-conforming use which has already been discontinued for 90 days (but not more than 180 days)

Any additions or structural alterations to a building which is non-conforming as to use (e.g., one that was permitted when it was established but does not meet a subsequently amended by law)

Any repairs to or reconstruction of a building which is non-conforming as to use where the building suffers from damage or fire loss (60% or more of its value above its foundation)

If unable to obtain a permit authorizing tree cutting or removal, or if unable to comply with the requirements of the Private Property Tree Bylaw

What the board considers

The Board of Variance must be satisfied that:

The strict application of the bylaw would impose an unreasonable restraint or unnecessary hardship on the use or development of the property

The special circumstances giving rise to hardship upon which an appeal is based are unique to the property in question

An Official Development Plan would not be disrupted

The appeal is not launched solely to allow the land or buildings to be put to a more profitable use

What the board cannot allow

The Board of Variance cannot:

Permit the use of land or a building which is not permitted under the bylaw

Prohibit a use of land or a building which is permitted outright under the bylaw

Parking Variance Board

Reasons to appeal

Reverse or alter a development application decision by the Director of Planning or Development Permit Board, to the extent that the decision dealt with matters of 'relaxation' of the Parking Bylaw.

What the Board considers

The Parking Variance Board will consider:

The site and development context

The policy objectives of the parking and loading requirements

The basis for the decision to not relax the requirement to the extent requested by the applicant

What the Board cannot allow

The Parking Variance Board cannot vary the regulations or requirements of the Parking Bylaw.

The Board only has jurisdiction where the Director of Planning or Development Permit Board has jurisdiction to relax a regulation or requirement.

How appeals work

The Secretary to the Board of Variance receives and reviews appeals and checks all information, drawings and calculations.

The Secretary will then schedule each appeal for hearing, notify the appellants of the hearing, and prepare the agenda.

Before the hearing is held, the Board members view and inspect most sites.

In hearing an appeal, the Board may adjourn the hearing for a neighbourhood notification. This allows the neighbouring property owners time to respond and prepare for a reconvened hearing (usually not more than four-weeks later), where the appeal will be considered.